City Council Meeting

MINUTES Regular City Council Meeting Tuesday, June 4, 2019 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Mayor Paul TenHaken Absent: Council Member Christine M. Erickson 2. INVOCATION  Reverend Jonathan Langerak, Heritage Protestant Reformed Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, May 21, 2019  City Council Meeting of Tuesday, May 21, 2019  Informational Meeting of Tuesday, May 28, 2019 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated May 31, 2019. 7. Notice of change orders on the memorandum dated May 31, 2019. 8. Report of Requests for Quotes for Fuel dated: May 15, 2019; Unleaded Ethanol (844 Gallons); #2 Clear Diesel (683 Gallons); #2 Dyed Diesel (950 Gallons); Howes Oil ($2.2875 Unleaded, $2.5075 #2 Clear Diesel & $2.2475 #2 Dyed Diesel). Midway Service, Cole’s Petroleum, Farstad Oil, Harms Oil, Stern Oil, CHS, Inc., Olson Oil, MG Oil all no bid. Bid awarded to: Howes Oil. 9. Report of Requests for Quotes for Fuel dated: May 17, 2018; Unleaded Ethanol (8,500 Gallons); Cole’s Petroleum ($2.2689); Harms Oil ($2.4603); Farstad Oil ($2.2850). Midway Service, Howes Oil, Stern Oil, MG Oil, CHS, Inc. and Olson Oil, all no bid. Bid awarded to: Cole's Petroleum. 10. Sioux Area Metro Report of Requests for Quotes for Fuel dated: May 21, 2019; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil ($2.425); Harms Oil ($2.4279); Howes Oil ($2.4375); CHS, Inc., Petroleum Traders and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy Inc./Farstad Oil. 11. Report of Requests for Quotes for Fuel dated: May 23, 2019; Unleaded Ethanol (3,000 Gallons); #2 Dyed Diesel (5,000 Gallons); Midway Service ($2.1895 Unleaded & $2.0835 Diesel); Cole’s Petroleum ($2.1894 Unleaded & $2.0682 Diesel); Farstad Oil ($2.2250 Unleaded & $2.1110 Diesel); Harms Oil ($2.3844 Unleaded & $2.0701 Diesel); Stern Oil ($2.2399 Unleaded & $2.1075 Diesel). Howes Oil, CHS, Inc., MG Oil and Olson Oil, all no bid. Bid awarded to: Cole’s Petroleum. 12. Report of Requests for Quotes for Fuel dated: May 24, 2019; #2 Dyed Diesel (800 Gallons); Midway Service ($2.13); Cole’s Petroleum, Harms Oil, Howes Oil, Stern Oil, CHS, Inc., and Olson Oil, all no bid. Bid awarded to: Midway Service. 13. Approval of a request from Matthew Breiler to consume, but not sell, wine, beer, and liquor at the Old Courthouse Museum, 200 W. 6th St., on Tuesday, August 3, 2019, for the following purpose: Huber/Breiler Wedding and Reception. 14. Approval of a request from Linda Moore to consume, but not sell, wine, beer, and liquor at the Multi-Cultural Center, 515 N. Main Ave., on Tuesday, September 21, 2019, for the following purpose: A Wedding. APPLICATIONS 15. Amending a Special One-Day Malt Beverage and Special One-Day Wine Licenses, approved April 16, 2019, for Sculpturewalk Inc. to be operated at Raven Industries, 205 East 6th Street, for an Arc of Dream Dedication on June 8, 2019 by changing the date of the event to July 24, 2019. 16. Various Retail Malt Beverage renewals for 2019-2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit C. The following abatements are recommended for approval by the Minnehaha County Director of Equalization: 17. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2014 property taxes in the amount of $1,568.47. Reason: Qualified for surviving spouse of P&T veteran, but missed the application deadline. 18. Davis, Cara Lee Living Trust & Donald L. Davis Credit Trust, 4323 Townpark Pl., Parcel #39764, for 2015 property taxes in the amount of $1,584.05. Reason: Qualified for surviving spouse of P&T veteran, but missed the application deadline. NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, June 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Crown Casino East II, 2417 East 10th Street, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. 20. Set a date of hearing for Tuesday, June 18, 2019. Request to add video lottery terminals with the 2019-20 Retail Malt Beverage/SD Farm Wine License for Crown Casino East II, 2417 East 10th Street, with Conditional Use Permit (8109-2018) being approved on March 7, 2018. 21. Set a date of hearing for Tuesday, June 18, 2019. New 2019-20 Retail Malt Beverage/SD Farm Wine License and 2019 Retail Wine and Cider License for Napolitano Pizza Concepts, 2300 South Minnesota Avenue, Suite B, with Conditional Use Permit (9222-2018) being approved on October 13, 2018. 22. Set a date of hearing for Tuesday, June 18, 2019. Special One-Day Malt Beverage License for El Riad Shriners to be held at Nyberg’s Ace parking lot, 200 East 12th Street, First Avenue between 11th Street and 14th Street, East 12th Street and East 13th Street between First and Second Avenue, for Hot Classics Night on July 27, 2019. 23. Set a date of hearing for Tuesday, June 18, 2019. Special One-Day Malt Beverage and Special One-Day Wine and Special One Day Off–Sale Wine Licenses for Catholic Community Foundation for Eastern South Dakota to be operated at Avera IT parking lot, 212 East 11th Street, for a fundraiser on August 24, 2019. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 25. PUBLIC INPUT Matt Rooney spoke about coordination with the City to come to an amicable solution for him to operate a mobile food restaurant.  Quinn Kathner spoke about the upcoming Sioux Falls Pride Festival to be held on Saturday, June 15, 2019. She also noted that this is the first year a parade will be held in downtown beginning at 10 a.m. Dwaine Schipper spoke about wastewater rates. Christopher Bruce spoke about 5G. Steven Siano spoke about the need for government transparency and his views on religion. David Zokaites spoke about the bike trail and global warming. John Matthias spoke about the recently-released National Citizen Survey results, the movement of the Department of Innovation and Technology to City Center, and the forthcoming proposed cable franchise agreement. Tim Stenga spoke about the conduct of the City Council officer election. Sierra Broussard spoke about attitudes toward the LGBT community. Tyland Klum thanked the Mayor for his service to the City. UNFINISHED BUSINESS 26. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Mapletree Inc, Golden Coin Casino, 4110 West Maple Mall, Suite 104 (CUP not required). Pending final inspections per Fire, Health and Building Services. 27. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Mapletree Inc, Golden Coin Casino, 4110 West Maple Mall, Suite 104 (CUP not required). Pending final inspections per Fire, Health and Building Services. 28. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Mapletree Inc., Golden Coin Casino, 4110 West Maple Mall, Suite 105 (CUP not required). Pending final inspections per Fire, Health and Building Services. 29. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Mapletree Inc., Golden Coin Casino, 4110 West Maple Mall, Suite 105 (CUP not required). Pending final inspections per Fire, Health and Building Services. 30. Special One-Day Malt Beverage License for Sioux Falls Pride to be operated at Terrace Park, 1100 West 4th Street, for a special event on June 15, 2019. 31. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Catering America to be operated at Poet, 4615 North Lewis Avenue, for a social on June 18, 2019. 32. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits and Cigars to be operated at TSP, 1112 North West Avenue, for a Chamber Mixer on July 9, 2019. 33. Special One-Day Liquor License for TNT Entertainment to be operated at 8th & Railroad east parking lot, 401 E. 8th Street, for a class reunion on July 27, 2019. 34. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT parking lot, 212 East 11th Street, for German Fest on September 7, 2019. 35. Various Retail Malt Beverage renewals for 2019-2020 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit E. A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve Items 26 through 35. Roll call vote to approve. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E. 69TH ST. AND S. VINEYARD AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 10163-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Neitzert and seconded by Council Member Soehl to adopt Ordinance No. 61-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. JACKSON ST. AND WEST OF S. SOUTHEASTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE O OFFICE AND CN CONSERVATION DISTRICTS, NO. 10197- 2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Kiley and seconded by Council Member Selberg to adopt Ordinance No. 62-19.  A motion was made by Council Member Starr and seconded by Council Member Stehly to defer Item 37 to the meeting of Tuesday, July 9, 2019. Roll call vote to defer. 2 Yes: Starr, Stehly; 5 No: Soehl, Brekke, Kiley, Neitzert, Selberg. Motion Failed. Roll call vote to adopt. 6 Yes: Soehl, Stehly, Brekke, Kiley, Neitzert, Selberg; 1 No: Starr. Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 818 W. 6TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 10112-2019, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Ordinance No. 63-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR POLICE GRANT FUNDS. (General Fund (Grant Funds) - $132,000; Sales Tax Fund (Grant Funds) - $67,000). A motion was made by Council Member Kiley and seconded by Council Member Starr to adopt Ordinance No. 64-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE NAMING OF A FACILITY SPACE ON PUBLIC PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, June 18, 2019. A motion was made by Council Member Soehl and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, June 18, 2019 for Item 40. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE APPROVING THE CABLE SYSTEM FRANCHISE RENEWAL AGREEMENT BETWEEN MIDCONTINENT COMMUNICATIONS AND THE CITY OF SIOUX FALLS, SOUTH DAKOTA, ALONG WITH AUTHORIZING THE MAYOR TO SIGN THE SAME. Recommendation: Set a date of 2nd Reading for Tuesday, June 11, 2019.  A motion was made by Council Member Kiley and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, June 11, 2019 for Item 41. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. HEARINGS AND RESOLUTIONS 42. A RESOLUTION GRANTING THE CONSENT OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, TO THE TRANSFER OF CONTROL OF THE OPEN VIDEO SYSTEM LICENSE AGREEMENT AND OPEN VIDEO SYSTEM OF CLARITY TELECOM, LLC. A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 46-19. Roll call vote to adopt. 6 Yes: Soehl, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 46-19 A RESOLUTION OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AUTHORIZING THE MAYOR TO EXECUTE AN OPEN VIDEO SYSTEM LICENSE AGREEMENT WITH CLARITY TELECOM, LLC, D/B/A VAST BROADBAND. WHEREAS, the City and PrairieWave Holdings, Inc. entered into an Open Video System (“OVS”) License Agreement on or about January 19, 2005, and filed as Agreement No. 05-0013 (the “OVS License Agreement”); WHEREAS, on March 23, 2007, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to Knology, Inc.; WHEREAS, on June 6, 2012, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to WideOpenWest Finance, LLC; WHEREAS, the City extended the term of the OVS License Agreement through December 31, 2019, in Resolution 80-14; WHEREAS, in Resolution 108-14, the City approved the transfer of the OVS License Agreement to Clarity Telecom, LLC, doing business as Vast Broadband (“Vast Broadband”); WHEREAS, the City and Vast Broadband amended the OVS License Agreement on or about March 2, 2015; WHEREAS, the term of the License Agreement will expire on December 31, 2019; and  WHEREAS, the City and Vast Broadband desire to renew the License Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, RESOLVES AS FOLLOWS: Section 1. That the document attached to and part of this Resolution entitled, “An Open Video System License Agreement Between the City of Sioux Falls and Clarity Telecom, LLC, d/b/a/ Vast Broadband to Provide Cable Services,” for a term of ten years from the effective date of the Open Video License Agreement is hereby approved. Section 2. That the Mayor is authorized to sign such Agreement after it is ratified and executed by Clarity Telecom, LLC, d/b/a/ Vast Broadband. Section 3. The City shall publish this Resolution without attachments after its passage. The attachments, including the unconditional acceptance of the Open Video License Agreement by Clarity Telecom, LLC, are on file and available in the office of the City Clerk. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 43. A RESOLUTION OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AUTHORIZING THE MAYOR TO EXECUTE AN OPEN VIDEO SYSTEM LICENSE AGREEMENT WITH CLARITY TELECOM, LLC, D/B/A VAST BROADBAND. A motion was made by Council Member Soehl and seconded by Council Member Kiley to adopt Resolution No. 47-19. Roll call vote to adopt. 6 Yes: Soehl, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Starr was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 47-19 A RESOLUTION GRANTING THE CONSENT OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA, TO THE TRANSFER OF CONTROL OF THE OPEN VIDEO SYSTEM LICENSE AGREEMENT AND OPEN VIDEO SYSTEM OF CLARITY TELECOM, LLC. WHEREAS, the City and PrairieWave Holdings, Inc. entered into an Open Video System (“OVS”) License Agreement on or about January 19, 2005, and filed as Agreement No. 05-0013 (the “OVS License Agreement”); and WHEREAS, on March 23, 2007, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to Knology, Inc.; and WHEREAS, on June 6, 2012, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to WideOpenWest Finance, LLC; and WHEREAS, the City extended the term of the OVS License Agreement through December 31, 2019, in Resolution 80-14; and WHEREAS, in Resolution 108-14, the City approved the transfer of the OVS License Agreement to Clarity Telecom, LLC (the “Licensee”); and WHEREAS, the City and Clarity Telecom, LLC, amended the OVS License Agreement on or about March 2, 2015; and WHEREAS, the Licensee’s parent company, Clarity Telecom Holdings, LLC, has entered into an Agreement and Plan of Merger dated December 24, 2018, that will result in a new equity investor, Oak Hill Capital Partners, sharing control of the Licensee with the Licensee’s existing majority equity investor, Pamlico Capital, ultimately through a newly formed company called Python Intermediate II, LLC (the “Transferee”) (the “Proposed Transaction”); and WHEREAS, under the Proposed Transaction, the Licensee will continue to operate and maintain the Open Video System (the “System”) and will continue to provide cable service using the System, but the Licensee’s ultimate parent company will be different and, consequently, ultimate ownership of the Licensee will change; and WHEREAS, Section XXII of the License Agreement requires the City’s consent to the Proposed Transaction and Licensee has requested such approval in a transfer application; and WHEREAS, in reliance on representations made by and on behalf of the Licensee, the City is willing to grant its consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City’s approval of the Proposed Transaction is therefore appropriate if the Licensee will continue to be responsible for all acts and omissions, known and unknown, under the License Agreement and applicable law for all purposes, including, but not limited to, renewal or extension of the License Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SOUTH DAKOTA, AS FOLLOWS: Section 1. The City’s consent to and approval of the Transfer Application is hereby granted in accordance with the License Agreement, subject to the following conditions: 1.1 Actual closing of the Proposed Transaction consistent with the transfer application and written notice of the closing within thirty (30) days of the date of closing, notifying the City of the closing;  1.2 Acceptance and acknowledgment of this Resolution by Transferee and Licensee within ten (10) days of the adoption of this Resolution; 1.3 Transferee shall execute and deliver a Guaranty of Performance in the form of Exhibit A, attached hereto and incorporated herewith, within thirty (30) days of the adoption of this Resolution, guarantying the full performance of the Licensee; 1.4 Transferee shall execute a Guaranty Regarding Rates in form of Exhibit B, attached hereto and incorporated herewith, within thirty (30) days of the effective date of this Resolution specifying that subscriber rates and charges in the city area will not increase as a result of the costs of the Proposed Transaction; 1.5 Licensee shall execute a renewed OVS License Agreement in the form of Exhibit C, attached hereto and incorporated herewith; 1.6 Transferee will comply with any and all conditions or requirements applicable to Transferee as set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and transfer application (including any conditions with respect to programming agreements); 1.7 After closing of the Proposed Transaction is consummated, Licensee will continue to be responsible for all past acts and omissions, known and unknown, under the OVS License Agreement and applicable law for all purposes in the same manner as before the Proposed Transaction, subject to the terms of the Franchise Settlement Agreement; and 1.8 The City waives none of its rights with respect to the Licensee’s compliance with the terms, conditions, requirements, and obligations set forth in the License Agreement and in applicable law. The City’s consent to the Proposed Transaction shall in no way be deemed a representation by the City that the Licensee is in compliance with the License Agreement and applicable law. Section 2. If any conditions or requirements specified in this Resolution are not satisfied, then the City’s consent to and approval of the Transfer Application and the Proposed Transaction are hereby denied and are void as of the date thereof. Section 3. Pursuant to Section XXIV of the License Agreement, the Licensee shall reimburse the City all incidental legal and consultant costs incurred by the City as a result of the Proposed Transaction up to $5,000. The Licensee shall not offset such payment against any payment made or owed to the City pursuant to the License Agreement.  Section 4. If any of the oral or written representations made to the City by the Licensee, Pamlico Capital, Oak Hill Capital Partners, or any subsidiary, agent, contractor, officer, or representative thereof proves to be materially incomplete, untrue, or inaccurate in any respect, such representation shall be deemed a material breach of the License Agreement and applicable law, entitling the City to any available remedies, including, but not limited to, revocation or termination of the License Agreement. Section 5. This Resolution shall not be construed to grant or imply the City’s consent to any other transfer or assignment of the License Agreement or any other transaction that may require the City’s consent under the License Agreement or applicable law. The City reserves its rights with regard to any such transaction or transactions. That the City shall publish this Resolution without attachment after its passage. The attachments are on file and available in the office of the City Clerk. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk Acknowledgment and Acceptance of Resolution Transferee and Licensee acknowledge the above Resolution and agree to all terms and conditions therein. PYTHON INTERMEDIATE II, LLC CLARITY TELECOM, LLC 44. A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS EQUIPMENT TO SOUTHEAST TECHNICAL INSTITUTE. A motion was made by Council Member Kiley and seconded by Council Member Neitzert to adopt Resolution No. 48-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 48-19 A RESOLUTION AUTHORIZING THE CITY OF SIOUX FALLS TO GIFT CERTAIN SURPLUS EQUIPMENT TO SOUTHEAST TECHNICAL INSTITUTE. WHEREAS, the City of Sioux Falls Department of Innovation and Technology has declared as surplus the following equipment:  Four (4) blade servers, Model Hewlett Packard BL490c Gen7, with the following asset tags and serial numbers: Asset Tag Serial # A3016053A USE139H1BL A3016052A USE139H1BM A3016050A USE139H1BN A3016051A USE139H1BP WHEREAS, Southeast Technical Institute finds it desirable to acquire the above- described surplus equipment for its computer and information science department; and WHEREAS, Southeast Technical Institute is a political subdivision of the State of South Dakota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That the hereinafter-described surplus property is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 3. That the gifting by the City of Sioux Falls to Southeast Technical Institute for a public purpose the following surplus property:  Blade Server, Model Hewlett Packard BL490c Gen7, Asset Tag A3016053A, Serial #USE139H1BL  Blade Server, Model Hewlett Packard BL490c Gen7, Asset Tag A3016052A, Serial #USE139H1BM  Blade Server, Model Hewlett Packard BL490c Gen7, Asset Tag A3016050A, Serial #USE139H1BN  Blade Server, Model Hewlett Packard BL490c Gen7, Asset Tag A3016051A; Serial #USE139H1BP is hereby approved. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 45. A RESOLUTION VACATING THE OLD YANKTON CIR. RIGHT-OF-WAY ABUTTING THE BELOW-DESCRIBED PROPERTY(S) AND AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 49-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 49-19 A RESOLUTION VACATING THE OLD YANKTON CIR. RIGHT-OF-WAY ABUTTING THE BELOW-DESCRIBED PROPERTY(S) AND AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate City right-of-way has been filed by the owners of the following described property: County Auditor’s Tract No. 1 in original Government Lot 1 in the Northeast Quarter (NE1/4) of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, except Lot E-1 and Lot 1A of Ideker Addition contained therein and except Lot E-1 in County Auditor’s Tract 1 in Government Lot 1 in the Northeast Quarter (NE1/4) contained therein, ALSO DESCRIBED AS County Auditor’s Tract No. 1 in original Government Lot 1 in the Northeast Quarter (NE1/4) of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof, except Lot E-1 and Lot 1A of Replat of Ideker Addition contained therein and except Lot E-1 in County Auditor’s Tract 1 in Government Lot 1 in the Northeast Quarter (NE1/4) contained therein; Lot 1A of Ideker Addition to the City of Sioux Falls, Lincoln County, South Dakota, according to the recorded plat thereof, ALSO DESCRIBED AS Lot 1A of Replat of Ideker Addition to the City of Sioux Falls, Lincoln County, South Dakota, according to the recorded plat thereof; Lots 3, 4, 5, and 6 of Tract No. 1 of Peterson’s Subdivision of Part of Government Lot 1 of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof; together with any and all interest in the West Half of the vacated unnamed road lying adjacent to the East line of Lots 5 and 6 of Tract No. 1 of Peterson’s Subdivision of Part of Government Lot 1 of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, ALSO DESCRIBED AS Lots 3, 4, 5, and 6 of Tract 1 of Peterson’s Subdivision of Part of Government Lot 1 of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota, according to the recorded plat thereof; together with any and all interest in the West Half of the vacated unnamed road lying adjacent to the East line of Lots 5 and 6 of Tract 1 of Peterson’s Subdivision of Part of Government Lot 1 of Section 9, Township 100 North, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lots 1 and 2 of Tract No. 1 of Peterson’s Subdivision of Part of Government Lot 1 in Section 9, Township 100, Range 50 West of the 5th P.M., Lincoln County, South Dakota, ALSO DESCRIBED AS Lots 1 and 2 of Tract 1 of Peterson’s Subdivision of Part of Government Lot 1 in Section 9, Township 100, Range 50 West of the 5th P.M., Lincoln County, South Dakota; Lot H-2 of Government Lots 1 and 2 in Section 9, Township 100 North, Range 50 West of the 5th P.M., in Lincoln County, South Dakota, as shown by plat made by  S.W. Gentle, Registered Land Surveyor, under date of October 19, 1966; said plat to be filled in the office of the Register of Deeds, Lincoln County, South Dakota. WHEREAS, the hearing was held on June 4, 2019, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but, after due consideration, use of this property for street or alley right of way is no longer warranted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Old Yankton Cir. right-of-way, as shown on Exhibit A, be and the same hereby is declared vacated, and that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 46. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING DIAGONAL PARKING ON MAIN AVE. A motion was made by Council Member Stehly and seconded by Council Member Starr to defer Item 46 to the Meeting of Tuesday, June 8, 2019. A motion was made by Council Member Selberg and seconded by Council Member Brekke to defer Item 46 to the Meeting of Tuesday, June 11, 2019. Roll call vote to defer. 5 Yes: Soehl, Starr, Brekke, Neitzert, Selberg; 2 No: Stehly, Kiley. Motion Passed. This Item was deferred to the meeting of Tuesday, June 11, 2019. 47. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 1 OF TRACT F IN THE PINES SUBDIVISION IN GOVERNMENT LOTS 2 & 3, SECTION 9, T100N, R50W, LINCOLN COUNTY, SD. A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Resolution No. 51-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 51-19  A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED IN LOT 1 OF TRACT F IN THE PINES SUBDIVISION IN GOVERNMENT LOTS 2 & 3, SECTION 9, T100N, R50W, LINCOLN COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the permanent utility easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the permanent utility easement was granted by easement document and filed in Book 14 of Misc. on page 389 in the office of the Register of Deeds for Lincoln County, SD, on March 10, 2004, and was reaffirmed by plat and filed in Book 13 of Plats on page 56 in the Register of Deeds for Lincoln County, SD, on May 8, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement area, as shown on attached Exhibit A, and affecting the real property described as Lot 1 of Tract F in The Pines Subdivision in Government Lots 2 & 3, Section 9, T100N, R50W, Lincoln County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Lincoln County, South Dakota, a duly certified transcript of this resolution. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 48. A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM. (Parks and Recreation - $50,000; Public Works, Fleet - $283,000; Police - $42,000 & $25,000). A motion was made by Council Member Starr and seconded by Council Member Kiley to adopt Resolution No. 50-19. Roll call vote to adopt. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. RESOLUTION NO. 50-19 A RESOLUTION AMENDING THE 2019-2023 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2019–2023 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Program Project No. 14001, Falls Park Development, by moving up the $50,000 for the Falls Park Master Plan from 2020 to 2019. The additional  funding will not require an increase in appropriations as it will be funded with savings from Capital Improvements Program Project No. 14001, Falls Park Development in 2019. Public Works—Fleet Amend the Other Capital Expenditures Program by adding funding to the waste grinder in 2019. The additional cost is $283,000 and will not require an increase in appropriations. It will be funded by State DENR grant funding. Police Amend the Other Capital Expenditures Program by adding radios in 2019. The additional cost is $42,000 and will require an increase in appropriations that will be funded with grant funding. Amend the Other Capital Expenditures Program by adding a forensic analyzer in 2019. The additional cost is $25,000 and will require an increase in appropriations that will be funded with grant funding. Date adopted: 06/04/19 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 49. AUDIT REPORT 18-02: GREAT PLAINS ZOO AND DELBRIDGE MUSEUM. 50. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED MAY 30, 2019. NEW BUSINESS ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Brekke to adjourn at 8:58 p.m. Voice vote to adjourn. 7 Yes: Soehl, Starr, Stehly, Brekke, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk